New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-11-30

was evidently disappointed. His attention was iuiiJ
occupied tho prosecution OF the MOST Case " "o
he worked with his nsual vigor all the DAY
District Attorney MARITIME and Assistant Dls'rictA'-
tsrney semple we're In consultation "heh 4"'' ~ "
the decision reached them
MIR MARITIME DISAPPOINTED.
The District-Attsrney talked little aocne the mat
ter until @ summary oft ne opinion was SHOWN
to him. He expressed his disappointment that
the labors of the prosecution had been In
the attempt to prove the correctnssss Of the posi-
ton taken by the prosecution the trial OF Sharp He
said: Tho prosecution bound 10 make cut the
seagest possible within the law. We did not know
what the defence would be. We believed that all the
testimony alluded to by tho Court OF Appeals sdms.
sibs and five Justices OF the Supreme Court Including
the trial Justices ard tho General Term Justices agreed
with In construction of the law. so GER
tsnly justified In asking that the est mony be submitted
70 the jury. We really pioneers In the No
sase OF the successful prosecution OF brbesiver was
recorded in this State when began the trial We
coud only fellow what believed be the principles
laid down in other by the courts .: this State
Mr. MARITIME asked whether he thought thai the de-
cisOn of the Court OF Appeals rendered conviction OF
Sharp impracticablo a new trial He said: 81 nave
not, Of course copy Of the opinions Answering
fron the abstract Of the opinion which have secn DO
not consider the admission of the testimony taken before
the senate Committee essential to conviction The
rejection OF Politics. testimony to shsrps previous
offer OF bride In the matter will certainly weaken
the prosecution. do not however. regard that test
nopy absolutely necessary The error spoken OF In
sx-Aderman Mlllers testimony is net of character to
affect second trial OF the The prosecution could
get along without the testimony Of the witness Phelps
ami also without the testimony TO The residence OF
of the indicted men in Canada Taking 1t alts
gehe do not that the decision preeludes convc-
ton another trial of the case"
"Do you think that Sharp will be tried again r.
"Ihat is a question rather for than for
myself and can hardly answer IT. II bcre were time
enough before my tiee expired feel that public interest
required that the questions involved the shsuld
be settled by rctral OF the will however. leave
tho whole matter to my successor"
THE QUESTION OTHER DOODLE TRIALS.
"How about the trial OF other indicted boodersr'
I "Ths decision does not Affect the cases OF McQuade
and O'Neil except In one or two minor particulars
bsheve evidence to the absence OF indicted
IN Montreal given those trials The prosecution
81 iee bribegvers would net, believe. be inerfered
with by this opinion The Of all the accused
Of giving brides have similar principles involved do
not know hsw successor will feel but 1t seems to me
fair that sharp Should be the first Of the bride
sivers tried He the head OF the conspiracy and II
is TO be successfully he ought to be
the one"
Assistant District Attorney De Lancey Nicoll. when
thejury the Most ad received its last insruc
tons from Judge Cowng and retired to deliberate. had
IN opportunity to say few words about the decision
He surprised at the unanimity OF the
Judges He said that he could of course make state
about future trials lie would retire FROM office In
few weeks As tO tho Course OF the prosecution III me
6harp case he said: Of course II Is one thng 10 DIS
Ouss a case after conviction another plan 1t be-
fsre conviction We felt tho necessity Of presenting as
- along. Pesrson's testimony for instance
that sharp talked To him aoeut the early meeting OF the
Board Of Aldermen not known 10 until three or
four days after the evidence Of Polite hal been ad-
was willing 10 testify might have not needed Petite
30 it was with other evidence that cane TO
prosecution sufficiently proven without tie
testimony before the senate committee the testimony
the presence of Mooney and others In Canada an the
testimony of Alderman Miller as to the purpose for
r,stv If oerng Ina, testimony n i, only
a. tsat We beIlev it to be adassbs and that view
certainly has hign judicial SANCTION for I'VE Jusees 81
% deciding"
COLONEL FELLOWS WAS NOT AT HIS OFFICE
Colonel Fellows did Lot visit the District Attorneys
Office yesterday, and in his absence no would speak
Of the PROBABLE OF the DstricAtorneys office
10 the Doodle" Some OF the officials believed
tina, end OF the bribery trials had been reached while
others thought that prosecutions might Dc continued
Tho decision OF the Court OF Appeals not surprise
OF the experienced officials, who had predicted
such result when the testimony presented The .
questions Raised however, far novel that opn
lens varied much among Hose who had been concerned
In criminal trials. The testimony OF McQuaIe before the
sehaie ce,sInitt.e offered in evidence before Re
sAarI's admission bail is only the question OF few
days Disre.-A torney MARITIME Will no. oppose an sp-
peation bal, and Justice Barrett who sitting IN
suprone curt, Chambers, may he asked 10 nix the
suiount The amount of the bend under which SnaTp
neld before his trial was $4,000
The decision OF the Court OF Appeals was rendered
Just five months after tbs day which Sharp con-
Scled His trial began on May 10, and several weeks
spent in securing Jury. sharp has not served
his term sentence successive stays of pro-
csedg have been granted by Justice Potter and Judge
Buyer
WHAT WAS THOUGHT IN THr COURT HOUSE.
A ripple Of excitement ran through the Court House
when the or the decision went the rounds about IL
a III. of the lawyers present To try IL the
parts of the different inclined to look
on the result with told you 80 air. although 1t |
had been fully known before that they OF tbs
mind. Justice Barrett sitting in Chambers when the
news was flying around. After the morning session,
when he asked II he cared to express opinion
the decson he declined TO anything about II Oh the
ground that would be dccorous for him to
John T. Parsons busy trying case before Justice
IBgTaha III the Supreme Court ana barely had time 10
express his satisfaction at the out ONE, speaking
other judges OF the Supreme Court sustained.
EhaTp appeal. Justice Daniels. who the prevailing
and Justices Brady and Van Brunt at their home